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10. Ordinance 1307 - Zoning Text Amendment - Lang Creek Brewery - 1st Readingak� " 4 1 , ORDINANCE NO. 1307 jP AN ORDINANCE AMENDING SECTIONS 27.15.020 OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY INCLUDING "MICRO BREWERIES AND/OR BREW PUBS IN CONNECTION WITH A RESTAURANT OR TAVERN" AS A PERMITTED USE IN THE B-3, COMMUNITY BUSINESS DISTRICT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Lang Creek Brewery has submitted a- written request to amend Section 27.15.020 of the Kalispell Zoning Ordinance, by requesting that micro breweries and/or brew pubs in connection with a restaurant or tavern be allowed as a permitted use in the B-3, Community Business District, and WHEREAS, the request was forwarded to the Kalispell City - County Planning Board and Zoning Commission by the Flathead Regional Development Office after having been evaluated under 27.15.020, Kalispell Zoning Ordinance, and WHEREAS, FRDO evaluated the requested text amendment and recommended, per Report #KZTA-99-2, that micro breweries and/or brew pubs in connection with a restaurant or tavern be allowed as a permitted use in the B-3, Community Business District, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended to establish that micro breweries and/or brew pubs in connection with a restaurant or tavern be allowed as a permitted use in the B-3, Community Business District, and WHEREAS, the City Council has reviewed the FRDO Report and the transmittal from the Kalispell City -County Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-99-2 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Zoning Ordinance, Ordinance No. 1175, is hereby amended as follows: 13071angcreektexamend.wpd 1 Section 27.15.020: Permitted Uses. ...(40) micro breweries and/or brew pubs in connection with a restaurant or tavern SECTION II. All parts and portions of Ordinance No. 1175 not amended hereby remain unchanged. SECTION III. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1999. Wm E. Boharski Mayor ATTEST: Theresa White Clerk of Council 13071angcreektexamend.wpd 2 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kdispell, Montana 59901 March 12, 1999 Phone: (406) 758-5980 Fax: (406) 758-5781 Al Thelen, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Zoning Text Amendment for inclusion of 'micro breweries and / or brew pubs in connection with a restaurant or tavern" as a permitted use in Section 27.15.020. Dear Al: The Kalispell City -County Planning Board met in regular session on Tuesday, March 9, 1999 and held a public hearing on a request by Lang Creek Brewery, Inc. for a text amendment to Section 27.15.020 of the Kalispell Zoning Ordinance. The proposed amendments are intended to allow 'micro breweries and / or brew pubs in connection with a restaurant or tavern' as a permitted use in the B-3, Community Business District. Narda Wilson with the Flathead Regional Development Office presented a staff report and discussed the issues related to the petition. She stated that the staff supported the proposal and recommend approval of the proposed text amendment. During the public hearing, John Campbell, petitioner, spoke in favor of the petition stating that this is one way to keep up with the marketing of his business and that the trend is toward brew pubs. Terry Anderson and Bill Rice also spoke in favor of the petition. No one spoke in opposition. The Board discussed the recommendations made by the staff. A motion was made to adopt staff report #KZTA-99-2 as findings of fact and, based on these findings, forward a recommendation to City Council to approve the amendments to the Kalispell Zoning Ordinance as presented in Exhibit 'A'. Please schedule this matter for the next regular City Council meeting. Please contact this Board or the Flathead Regional Development Office if you have any questions regarding this proposal. Sincerely, JJ/NW/tl Providing Community Planning Assistance To: Zoning Text Amendment - Lang Creek Brewery March 12, 1999 Page 2 Attachments: FRDO Report #KZTA-99-2/Application Materials Draft minutes of the meeting of March 9, 1999 c w/Att: Theresa White, Kalispell City Clerk c: Lang Creek Brewery, Inc., 655 Lang Creek Road, Marion, MT 59925 H:... \TRANSMIT\KALISPEL\ 1999\KZTA99-1 MOTION Stevens moved and Heinecke seconded that the planning board and zoning commission adopt FRDO staff report #KZTA-99-1 as findings of fact and, based on these findings recommend to the Kalispell City Council that the requested zoning text amendment that mini -storage units and recreational vehicle storage be listed as a conditionally permitted use in the B-2, General Business, district along with the development standards as outlined in Exhibit B. On a roll call vote all members present voted Aye. The motion passed on a vote of 7-0 in favor. LANG CREEK A request by Lang Creek Brewery for an amendment to the BREWERY ZONING Kalispell Zoning Ordinance to allow micro -breweries and/or brew AMENDMENT pubs in connection with a restaurant or tavern in the B-3, Community Business District. STAFF REPORT Narda Wilson gave a thorough presentation of staff report #KZTA- 99-2. She noted that this is a marketing venture, rather than an extended manufacturing facility. And noted that there would not be a greater impact than the associated businesses. Staff recommends that the Board recommend to the Kalispell City Council that the amendments be approved as outlined. PUBIC HEARING: The public hearing was opened to those in favor. PROPONENTS Terry Anderson, owner of the property in question, spoke in favor of the petition. He noted that in order to keep up with the franchises they have to look towards additional marketing options and brew pubs are one of the up and coming trends. John Campbell, owner of Lang Creek Brewery, spoke in favor of the petition, noting that this is one way to keep up with the marketing of his business and the trend towards brew pubs in the nation. He believes it would be an enhancement to the business area and Kalispell. Bill Rice spoke in favor of the petition and noted that this would be an enhancement to the area. OPPONENTS No one wished to speak against the petition and the hearing was closed. BOARD DISCUSSION The Board discussed the petition briefly and found that the petition did, meet the necessary criteria. MOTION Don Hines moved, and Garberg seconded, to adopt staff' report #KZTA-99-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning text amendment for micro -breweries and brew pubs in association Kalispell City county Planning Board Minutes of meeting March 9, 1999 Page 6 of 9 with a restaurant or tavern be allowed as a permitted use in the B-3, Community Business District. On a roll call vote all members present voted Aye. The motion passed on a vote of 7-0 in favor. SCHOTTELKORB A five minute break was taken and the board resumed with a CONDITIONAL USE request by Bill Schottelkorb for a conditional use permit to PERMIT construct ten garages for the Birchwood Apartment complex located at 1702 Sth Ave. East in Kalispell. STAFF REPORT Narda Wilson gave a presentation on staff report #KCU-99-2, in which staff recommends approval of the conditional use permit subject to 7 conditions. Garberg asked about condition #5, use only by the residents of the complex and noted his disagreement with that condition. LIC HEARING The public hearing was opened to those in favor of the application. PROPONENTS Bill Schottlekorb, partner, 354 Blue Spruce Lane, spoke in favor of the petition and noted that the garages would have a minimal effect on the complex. OPPONENTS No one wished to speak in opposition and the hearing was closed. BOARD DISCUSSION Staff stated that the garage structure could become a rental unit such as a mini -storage, which could expand its intended use if condition 5 were deleted. The board discussed the petition and conditions, taking public comment into consideration, and were in agreement that condition 5 should be deleted and found that the petition did meet the required criteria. MOTION Garberg moved, and Sipe seconded, to adopt staff report #KCU- 99-2 as findings of fact and grant the conditional use permit to construct ten garages for the Birchwood Apartment Complex located at 1702 5th Ave. East in Kalispell, subject to the 7 conditions as amended; deleting condition #5 in the report. On a roll call vote all members present voted Aye. The motion passed on a vote of 7-0 in favor. THRAMERZONE A request by Jim Thramer for a zone change from R-1 to B-2 for CHANGE property at 1750 Highway 35 in Evergreen. STAFF REPORT Narda Wilson presented staff report #FZC-99-3 in which staff recommends that the Kalispell City -County Planning Boar' Kalispell City County Planning N. Minutes of meeting March 9, I99Y Page 7 of 9 LANG CREEK BREWERY REQUEST FOR ZONING TEXT AMENDMENT TO B-3 DISTRICT FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KZTA-99-2 MARCH 2, 1999 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for a text amendment. A public hearing has been scheduled before the Kalispell City -County Planning Board for March 9, 1999 beginning at 7:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The applicants are proposing to amend Section 27.15.020 of the Kalispell Zoning Ordinance, permitted uses in the B-3, Community Business District by including "micro breweries and / or brew pubs in connection with a restaurant or tavern" as a permitted use. A. Petitioner and Owners: Lang Creek Brewery, Inc. 655 Lang Creek Road Marion, MT 59925 (406)858-2200 B. Area Effected by the Proposed Changes: Any area within the Kalispell zoning jurisdiction which might be zoned B-3, Community Business, would potentially be effected by the proposed change. The current B-3 regulations are attached as Exhibit A. C. Proposed Amendments: The applicants are proposing a text amendment to the community business zoning district regulations to include micro breweries and / or brew pubs as a permitted use in the B-3 zoning district. D. Staff Discussion: The applicants are bringing this proposal before the board and council for consideration because they would like to work with the owners of Little Big Men Pizza to create a brew pub atmosphere. Please see the letter dated February 19, 1999 from John Campbell, President of Lang Creek Brewery, Inc. which outlines their plans for the brew pub. In the letter from Mr. Campbell he notes that current Montana law does not allow the brewery and pub to be jointly owned. This was confirmed and is addressed under Section 16-3-213 of the Montana code which prohibits breweries from having a retail sales license. Hence, a micro -brewery or brew pub cannot simply be considered the same as a tavern. Additionally, "mini -breweries" are listed as a conditionally permitted use in the B-4, Central Business, and a permitted use in B-5, Commercial / Industrial, and the I-1, Light Industrial zoning districts. 1 Most of the B-3 zoning in Kalispell is located at the Main and Idaho intersection and on the north side of Idaho Avenue west to the fairgrounds and east to the overpass. Gateway West Mall and Ashley Square west of Meridian Road are also zoned B-3. When the applicants approached the staff with the proposal, they encouraged the applicant to move forward with the application. As you are probably aware, micro breweries and brew pubs have become increasingly popular with the increased interest in custom crafted beers. Typically a micro brewery has a restaurant, memorabilia and, of course, a tavern. Impacts which may conflict with other retail, service and commercial uses allowed in the community business district would generally be associated with the distribution element associated with a micro -brewery. The distribution would generally take place during the "off -hours" of the restaurant and bar and would be limited in nature. Overall, the impacts would not be greater than those associated with other business which require certain pick-up and deliveries during the normal course of business. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the Master Plan? The master plan addresses "general commercial" areas as occurring and expanding in the central business district and also continued growth in Gateway West, Ashley Square and North Meridian areas. They are intended for compact retail sales, services and office uses. The proposed use meets the intent outlined in the master plan for providing the type of retail sale and service anticipated to be associated with a downtown area and the central business district. The proposed changes comply with the master plan. 2. Is the requested zone designed to lessen congestion in the streets? The proposed uses would not typically generate impacts beyond the types of impacts associated with other uses allowed in the B-3 zoning district. Additional impacts which may occur that would be associated with the distribution element of the micro -brewery would generally occur during times that would not conflict with the general hours of operation of other business likely to be found in the immediate area. 3. Will the requested zone secure safetv from fire, panic, and other dangers? The amendments would not effect or compromise the security and safety of the community. Adequate building, parking and access standards would be addressed during the development or occupation of a particular site. The overall change would not compromise the safety and secure from fire or other dangers. 2 4. Will the requested change promote the health and general welfare? The general health and welfare of the public will be promoted by encouraging the appropriate use of compatible commercial land resources, concentrating like uses within established commercial districts. S. Will the requested zone provide for adequate light and air? Light and air between and surrounding buildings would not be impacted in a manner inconsistent with anticipated commercial development typically associated with uses in the community business district. 6. Will the requested zone prevent the overcrowding of land or undue concentration of people? Allowing micro -breweries and brew pubs in the community business district would be typical of the uses which would be anticipated to be found in the B- 3. Associated impacts would not lead to the undue concentration of people or overcrowding of land. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Public services and facilities are generally available in areas where there would be B-3 zoning and it is anticipated that the uses in the district will make use of the infrastructure. As proposed the uses would require full urban services and facilities and would not have any more of an impact on those services than would be anticipated with other uses already permitted. 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? A micro -brewery and brew pub would be compatible and complementary of other uses which would be found in areas zoned B-3. The proposed changes give adequate consideration to the particular suitability of the district which anticipates the development of community shopping areas and other retail service centers. The use of taverns and restaurants would be consistent with this type of anticipated development and is suitable for the district. 9. Does the requested zone give reasonable consideration to the character of the rl i c tri r,t'P The character of the B-3 zoning district is that of retail sales and services, general merchandise stores as well as offices and other small businesses. Restaurant, bars and taverns which would include micro -breweries serve the business, tourists and recreations activities of the area and would be anticipated to be found in a core business area. It appears that this amendment gives reasonable consideration to the character of the B-3 district. C 10. Will the proposed zone conserve the value of buildings? Building values would not be negatively impacted by allowing micro - breweries and brew pubs in association with a restaurant or tavern because they would generally be in buildings of a high quality nature intended to attract patrons and customers on a repeat basis. The value of buildings would be preserved with the proposed changes. 11. Will the requested zone encourage the most appropriate use of the land throughout the jurisdiction? The most appropriate land uses throughout the jurisdiction is promoted by encouraging complementary and compatible uses which will help maintain property values and provide for economic stability within the community. The requested changes will encourage the most appropriate use of land throughout the jurisdiction. �Zmeo4 sma)-k"# -N Staff recommends that the Kalispell City -County Planning Board adopt FRDO staff report #KZTA-99-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that micro -breweries and brew pubs in association with a restaurant or tavern be allowed as a permitted use in the B-3, Community Business District. H: \... \KZTA\99\KZTA99-2 4 EXHIBIT A CHAPTER 27.15 B-3 - COMMUNITY BUSINESS Sections: 27.15.010 Intent 27.15.020 Permitted Uses 27.15.030 Uses Which May Be Permitted By Conditional Use Permit 27.15.040 Property Development Standards 27.15.010: Intent. A business district to provide areas for the development of community shopping areas and other retail service centers. This district shall be a business island of not less than five acres and not a strip development. This district is not intended to provide areas for outside sales of such items as automobiles, manufactured housing and boats. 27.15.020: Permitted Uses. (1). Artist studio with incidental sales. (2). Athletic club. (3). Automobile parking, commercial or public. (4). Automobile repair garages, excluding body shops. (5). Automobile service station (see definition). (6). Bakery, deli, wholesale/retail, greater than 1,500 square feet manufacturing area. (7). Banks/savings and loan/finance and loan companies. (8). Barber and beauty services. (9). Bar, tavern, cocktail lounge, clubs. (10). Candy products manufacture, retail on premise. (11). Car wash, automobile detailing shop. (12). Catering establishments. (13). Chemical dependency/substance abuse clinic (outpatient only). (14). Chiropractic clinic. (15). Church/worship/parish/Sunday school buildings. (16). Clinics, medical and dental. (17). Coin and/or stamp dealers, lapidaries. (18). College/business/trade/music/dance schools - no student reside. (19). Counseling center for the physically or mentally disabled. (20). Dairy bar/ice cream manufacturing, retail on premises. (21). Day care center (see definition). (22). Department stores. (23). Food processing/retail on premises - no kill/dress of flesh/fowl. (24). Food store/supermarket, etc. - no slaughtering of flesh/fowl. (25). Food stores, retail under 3,000 square feet. E (26). Fruit/wine bar. (27) . Furriers, retails sales and storage. (28). Glazier. (29). Hotel/motel. (30). Insurance office and/or claims centers. (31). Investment firms. (32). Janitor supplies/services/contracting. (33). Jewelry/watch repair and sales. (34). Launderette/dry cleaning, customer self service. (35). Libraries, museums, and similar cultural facilities. (36). Liquor store. (37). Locksmiths or gunsmiths. (38). Lodges/fraternal/social organizations, non-profit. (39). Massage parlor. (40). Music education with related performance and limited sales. (41). Office, professional/governmental. (42). Office equipment, supplies/sales/service. (43). Opticians/optical supplies/sales. (44). Parks. (45). Pawn shop (no outside storage/display). (46). Pet shops. (47). Pharmacy. (48). Photographic studios. (49). Post office - main distribution center. (50). Post office - satellite or neighborhood. (51). Prepared food delivery facilities. (52). Produce stand. (53). Publishing/printing facilities. (54). Real estate sales offices. (55). Recreational area, commercial and non-commercial (see defmition) . (56). Restaurants. (57). Retail business (see definition). (58). Second hand stores (see definition). (59). Shoe repair. (60). Ski rental shop. (61). Tailors/dressmakers/milliners. (62). Take and bake prepared food facility. (63). Theaters in permanent indoor structure. (64). Title company. (65). Telecommunication companies and/or radio common carriers. (66). Travel agency. (67). Undertaking/mortuaries/funeral homes/parlors. (68). Variety stores. 0 27.15.030 27.15.040 Uses Which May Be Permitted By Conditional Use Permit. M. Apartments, accessory. (Amended Ordinance No. 1195.) (2). Community center/gym/swim pools -operated by public/quasi-public. (3). Drive-in banking facility. (4). Electrical distribution station. (5). Fish sales stand, temporary. (6). Law enforcement/fire stations. (7). Libraries, museums, and similar cultural facilities. (8). Life styling center. (9). Quasi -public buildings, non-profit in character. (10). Railroad rights -of -way. (11). Retail mall/community shopping center. (12). Schools, commercial (see definition). (13). Temporary building/structure. (14). Transmission towers and accessory facilities. (15). Water storage facilities. Property Development Standards. (1) . Minimum Lot Area: 7000 square feet (2). Minimum Lot Width (FT): 70 (3). Minimum Yards (FT): Front Yard - 20 Side Yard - 5 Rear Yard - 10 Side Corner - 15 (Amended Ordinance No. 1190.) (4). Maximum Building Height (FT): 35 (5). Permitted Lot Coverage (%): N/A (6). Off -Street Parking: Refer to Sections 27.26 and 27.27. (7). Maximum Fence Heights (FT): Front - 0 Side - 6.5 Rear - 6.5 7 Flathead Regional Development Office 723 5t', Ave. East Room 414 APPLICATION `" \ Kalispell, MT 59901 - Phone: (406)758-5980 Fam (406)758-5781 FEB - 1999 PETITION FOR ZONING AMENDMENT " CITY OF KALISPELL P. K. D 0. 1. NAME OF.APPLICANT: L.w6-/1/��', -�• 2. MAIL ADDRESS: .55 L44r,= 3. CITY/ STATE/ZIP: A 7.41710�J, 4jr �;WZS PHONE: 5x S5cF- Z26C-) 4. INTEREST IN PROPERTY: ",(UW 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? A oD />9lcao /3/1 E4TA1Z y T4 f3 - 3 2C�/.UCT icro 3vww a;r,/,/ PJ6ri 6�lk G�J r d es s IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: B. Legal Description : (Lot and Block of Subdivision; Tract #) C. The f D. The f E. State (Secon, Township, Range) (Attach shcet for metes and bounds) �t zoning of the above property is: >sed zoning of the above property is: changed or changing conditions that make the proposed ent necessary: ' Al. 11! 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities H. Giving reasonable consideration to the character of the district I. Giving consideration to the peculiar suitability of the property for particular ifP�-] J. Protecting and conserving the value of buildings K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during approval process. (A 7,/LU QA tj (Da 3 Fine hand, roried aler bromd m .Montana February 19, 1999 Narda Wilson, Senior Planning Director Flathead Regional Development Office, Room Ala 723 5th Ave. E. Kalispell, MT 59901 Dear Narda, wnyr only the purist hops, malt & water First Iet me say that we are excited to bring to Kalispell it's first operating brewery in many years, and the town's first Drew Pub, EVER With so many successful Brew Pubs operating throughout the northwest this will put Kalispell into the 21st century. Brew pubs are not only known for the goo beer they serve but for quality food as well. As you may know Montana is the only state that does not have a Brew Pub law, however there are several examples of Brew Pubs, Montana style, in the state now. In Bozeman there is the Spanish Peak Brewery, in Helena, The Brewhouse and in Billings, Montana Brewing Co. All of these businesses have two things in common to meet Montana law: the brewery and the pub are separately owned and beer is sold to the pub in kegs. In a real brew pub beer is dispensed directly from serving tanks. To the patrons the appearance is the same. Glass walls separate the brewery from the pub - allowing the patrons to observe operations as they dine. Lang Creek will work jointly with Terry and Judy Anderson, owners of Little Big Men Pizza, to create the modern day Brew Pub atmosphere. The Andersons will remodel and rename the present LBM site into a modern day northwest Brew Pub, Lang Creek will install a small brewery in the west end of the LBM building to provide fresh beer for the pub. This would be an auxiliary location for Lang Creek. Our present location, west of Marion, would still provide most of Lang's beer sold for distribution. Approximately 1920 square feet will be occupied by Lang, part of which will be used for retail sales of brewery clothing etc. The operation only requires from one to two employees during daytime operations. Tours will be offered and a tasting area provided for visitors. Lang Creek Brewery, Inc. has been distributing quality beer to Kalispell residents for over 5 years. Our reputation is unchallenged. We feel this will not only be good for Lang but for the community as well. I will be happy to answer any questions you may have. 3c rely, n F. Campbell, President Lang Creek Brewery, Inc. { k LAIC CREEK BREWERY �� John Campbell, Owner/ Ere wmaster 635 Lang Crccx Rond Sfanan, 14ontana 59925 (4061858.2200 Malt Silo ti8 equaiRIPPOrt t Proposed Relocation Lang Creek Brewery 10, scale 1/8" = 1.0" Malt bin kegkegand mill g 9 bottles N ... keg keg cooler bottles Wq9 Keg ..... General atoraps behind Ilne f... ------ O.H. O Fl. drain label -irt Sales Flier 364r Radcn9 am (2) H&C Y , 04 o e �i i ;o I lay. ate Ile DE her (730bb) 30 bbl FV a 30 bbl FV 7bbl1�—b BT 15 bbl FV 15 bbl FV Office 09 1500 gal hot liquor tank / Storage I �? area ^ Break Room